Common use of DELAY OF OCCUPANCY Clause in Contracts

DELAY OF OCCUPANCY. If the Premises will not be ready for occupancy by Lessee on the Lease Commencement Date, UTA shall give notice thereof to Lessee and indicate the anticipated date possession of the Premises will be delivered to Lessee. In such case, Lessee shall have the right to terminate the Lease upon written notice to UTA within 7 days after delivery of such notice, but not thereafter. If UTA fails to give notice of delay as set forth above and the Premises are not ready for occupancy by Lessee on the Lease Commencement Date, Lessee may terminate this Lease upon written notice to UTA given prior to the date Lessee is notified the Premises are ready for occupancy, but not thereafter. If, in either case, Lessee does not terminate this Lease, (i) the date the Premises are ready for Lessee’s occupancy shall be deemed the new Lease Commencement Date for all purposes; and (ii) UTA shall not be liable to Lessee for any damages arising from the delay in delivery of the Premises to Lessee, provided that Rent shall be abated as to any period prior to delivery of the Premises to Lessee. If Lessee elects to terminate this Lease, Lessee’s sole remedies in such event shall be to obtain a refund of the Deposit and any pre-paid Rent previously delivered to UTA. Notwithstanding any other provision of this section to the contrary, the rights of Lessee under this section shall not be applicable to any cleaning or repair of the Premises that do not materially interfere with Lessee’s occupancy of the Premises on the Lease Commencement Date.